KUZMESKUS v. PICKUP MOTOR CO. INC.


330 Mass. 490 (1953)

115 N.E.2d 461

FRANK M. KUZMESKUS vs. PICKUP MOTOR COMPANY, INC.

Supreme Judicial Court of Massachusetts, Franklin.

November 3, 1953.


Attorney(s) appearing for the Case

Neil J. Moriarty & John F. Moriarty, for the defendant.

Maurice J. Levy & Burton Winer, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


WILLIAMS, J.

This is an action of contract to recover the amount of a money deposit made by the plaintiff with the defendant on orders for the purchase of four motor buses. The defendant claims in "recoupment and set-off" damages for failure by the plaintiff to complete the purchase of the buses. The facts, as reported by an auditor whose findings are final, are summarized as follows.

The plaintiff, a resident of...

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